CHAPTER 8.08
DOG CONTROL
Updated January 2011
Sections:
8.08.011 - Definitions
8.08.021 – Commercial Kennel License Required--Procedure
8.08.031 – Dog License Required--Procedure
8.08.041 – Dogs Must be Restrained
8.08.051 – Unrestrained Dogs Subject to Impoundment—Notice of Impoundment
8.08.061 – Dangerous and Potentially Dangerous Dogs Prohibited
8.08.071 – Impoundment and Bond Pending Appeal of Dangerous or Potentially Dangerous Dog Adjudication
8.08.081 – Public Nuisance Prohibited—Penalty for Violation
8.08.091 - Care
8.08.100 – Stray Animals
8.08.110 – Interference with Enforcement of this Chapter Prohibited
8.08.111 – Penalties
8.08.011 - Definitions. The following terms shall have the following definitions:
(1) Animal Control Officer: A person designated by the City to enforce this Chapter.
(2) Animal Shelter: A facility operated by the City or its authorized agents to care for dogs impounded or held
by authority of this Chapter or State law.
(3) Commercial Kennel: A property maintained primarily to keep, board, train, treat, or breed three or more dogs,
but not more than six adult dogs, wherein the dogs are confined or otherwise kept in such a manner so as to
prevent them from leaving the property unrestrained; provided, this term shall not include veterinary clinics.
(4) Dangerous Dog: Any dog that according to records of the animal control officer or City police: (a) has
inflicted severe injury on a human being without provocation on public or private property, (b) has killed
a domestic animal without provocation while off the owner's property, or (c) has been previously found to be
potentially dangerous, the owner having received notice of such and the dog again aggressively bites, attacks,
or endangers the safety of humans or domestic animals.
(5) Impounded: A dog shall be considered as being impounded upon seizure by an animal control officer.
(6) Household: A home, house, apartment or other property where one or more dogs are kept by one or more
owners or keepers of a dog or dogs.
(7) Owner, Keeper, or Person who Maintains, Keeps, or Harbors a Dog: The terms "owner", "keeper", or person
who maintains, keeps, or harbors a dog shall be given their ordinary and usual meanings. Additionally, the terms
shall include any person(s) who own(s), rent(s), or otherwise has the immediate control or possession of a home
or property whereupon a dog is kept, maintained, or harbored. Proof of such control or possession shall include,
but shall not be limited to, certified copies of official land title records, certified copies of current City
Treasurer's records reflecting who is regularly billed for City utilities furnished to the property, and current
telephone directories indicating in whose name telephone service to the property is furnished.
(8) Potentially Dangerous Dog: Any dog that when unprovoked: (a) inflicts bites on a human or domestic animal
either on public or private property, or (b) chases or approaches a person upon the streets, sidewalks, or any
public or private grounds, other than the grounds of the dog's owner or keeper, in a menacing fashion or apparent
attitude of attack, or any dog with a known propensity, tendency, or disposition to attack unprovoked, or to cause
injury or otherwise to threaten the safety of humans or domestic animals.
(9) Pit Bull Dog: Any American pit bull terrier, Staffordshire bull terrier, American bulldog, or American
Staffordshire terrier breed of a dog, or any mixed breed of dog which contains as an element of its breeding
any of the above breeds so as to be identifiable as partially of the breed American pit bull terrier, Staffordshire
bull terrier, American bulldog, or American Staffordshire terrier.
(10) Public Nuisance: A dog which:
a. chases vehicles upon streets or other public grounds;
b. is running at large or otherwise not restrained as required under the provisions of this Chapter;
c. damages public or private property other than that of its owner or keeper;
d. continuously barks, whines or howls in such a manner as to disturb or annoy neighbors or the public; or
e. which defecates on public or private property other than that of its owner or keeper.
(11) Restraint or Restrained: Any dog: (a) secured by a leash or lead under the immediate control of a person
of sufficient age and competence to control the dog; or (b) any dog which is secured by a leash or confined
within a kennel, residence, cage, or other building or property, and which is constructed in such a manner
so as to keep the dog confined at all times within the building or structure; or (c) any dog present on the
property of its owner or keeper which is not physically confined or secured by a leash or lead, but is
confined to the property by training, habit, or voice command.” (Ord.784, §1, 2010).
8.08.021 - Commercial Kennel License Required—Procedure .
All commercial kennels shall be continuously licensed by the person, person, or entity operating the kennel
as follows:
(1) Written application for a license shall be made to the City Treasurer or animal control officer.
The application shall include the applicant’s name, address,location of kennel, description of kennel
facilities, location of kennel, description of methods to be used to keep the dogs from leaving the
property unrestrained, and the number of dogs to be kept or expected to be kept in the facilities.
(2) No dog kept in a commercial kennel shall be confined or kept in an enclosure or cage smaller than
75 sq. feet in size. All dogs kept in the kennel shall be provided with sanitary and humane quarters,
reasonably protected from inclement weather.
(3) Prior to issuance of a commercial kennel license, and from time-to-time after the license has been
issued, the kennel facilities shall be subject to inspection by the animal control officer to ensure that
the facilities meet the conditions specified in subsection (2), above. All inspections shall be at
reasonable times, and upon at least 24 hours prior notice to the licensee or applicant.
(4) An annual fee (listed in fee resolution), shall be assessed for each commercial kennel license issued.
(5) Upon completion of the application for a commercial kennel, payment of the license fee, and approval
of the kennel by the animal control officer after inspection, the Treasurer shall issue a commercial
kennel license to the person, persons, or entity operating the kennel; PROVIDED, in the event the
animal control officer has not made a reasonable attempt to inspect the kennel within 30 days after the
application has been completed, such inspection shall not be considered a prerequisite to issuance of a
license.
(6) Subject to compliance with the provisions of this section, each commercial kennel lcense shall be
valid for up to one year, from January 1 through December 31. The treasurer shall maintain a record of
each commercial kennel license issued, and shall make this record available for public inspection. If
a license shall violate any provisions of this section, the animal control officer shall have authority
to revoke the license 5 days after written notice to the licensee. The notice shall specify the violation,
and shall notify the licensee of the impending revocation unless the violation is cured within five days.
The notice shall also state that the licensee may appeal the revocation in the manner set forth in
subsection (8) below.
(7) All dogs kept within a commercial kennel must be licensed as provided in §8.08.030.
(8) Any applicant denied a commercial kennel license, or any licensee whose license has been or is about
to be revoked, shall have the right to appeal the denial or revocation to the City Council. To appeal a
denial or revocation, the applicant or licensee must first give written notice of the intent to appeal
to the City Clerk and animal control officer. The City Clerk shall then schedule a hearing on the matter
before the City Council. The hearing shall be scheduled during a regular or special council meeting within
45 days after written notice of the intent to appeal is received by the City Clerk. The applicant or
licensee and the animal control officer shall be given written notice of the hearing not later than
seven days before the scheduled hearing. At the hearing, the applicant or licensee and animal control
officer may present testimony or other evidence relevant to the matter. The City Council shall then
either confirm or overrule the denial or revocation within 20 days after the hearing. (Ord. 645, §2, 1996).
8.08.031 – Dog License Required—Procedure .
All dogs six months of age or older kept or harbored within the City must be continuously licensed by the
owner or keeper of the dog as follows:
(1) Written application for the license shall be made to the City Treasurer or animal control officer.
The application shall include the applicant’s name and address, a description of the dog, and a rabies
vaccination certificate issued by the licensed veterinarian or clinic.
(2) An annual license fee for any license for which application is made after November 1, 1999, shall be
assessed (listed in fee resolution). Any application for a neutered or spayed dog shall be accompanied
by a veterinarian’s certification that the dog has been neutered or spayed.
(3) Upon completion of the application and payment of the appropriate fee, the Treasurer shall issue a
license in the form of a tag. Any dog six months of age or older kept or harbored within the City must
at all times have a current year tag attached to its neck. The tag shall bear an identification number
and year of its issuance.
(4) Dog licenses shall be valid for one year, from January 1 through December 31. The Treasurer shall
maintain a record of the identifying number of each tag issued, and shall make this record available
for public inspection.
(5) Replacement dog tags shall be issued upon payment of a replacement fee (listed in the fee resolution).
(6) No person shall us a tag for any dog other than the dog for which it was issued. (Ord 725, §2, 2003;
Ord. 691, §1, 1999; Ord. 645, §3, 1996).
8.08.041 – Dogs Must be Restrained.
(1) Any dog within the City must be continuously kept under restraint. No dog shall be tethered in such a
manner as to permit it to enter within 10 feet of any public street, alley, sidewalk, or area open to the
public, or to enter upon any neighboring property without the authorization of the occupant of the
neighboring property.
(2) Every female dog in heat shall be reasonably restrained in a building or secure enclosure in such a
manner that such dog cannot come into contact with another dog except for planned breeding purposes.
(Ord.645, §4, 1996).
8.08.051 – Unrestrained Dogs Subject to Impoundment—Notice of Impoundment.
(1) Any dog not restrained as required under §8.08.041, above, shall be subject to impound by the animal
control officer. Upon impound, if the owner or keeper of the dog is known or can be reasonably
identified, the impounding officer shall immediately notify the owner or keeper by telephone, mail or
in person. The impounding officer shall advise the owner or keeper that the dog has been impounded, and
that the dog may be reclaimed by payment of an impoundment fee equal to (listed in fee resolution) for
each day (or partial day) that a licensed dog is impounded, or (listed in fee resolution) for each day
(or partial day) that an unlicensed dog is impounded, plus the cost of any vaccinations or other
veterinary treatment deemed reasonable and necessary by the pound master or impounding officer. Also,
if the dog does not have a current-year tag, in addition to the impound fee, the owner or keeper
shall be advised that the dog cannot be reclaimed until a current-year tag is secured.
(2) Upon payment of all impound and licensing fees, an impounded dog shall be released to its owner
or keeper.
(3) If a dog has not been reclaimed within 120 hours (i.e., 5 days) following notification to the owner
or keeper, or within 120 hours after impoundment if the owner or keeper cannot be reasonably identified,
the dog shall become the property of the impounding officer and shall be placed for adoption in a
suitable home, or shall be turned over to the WSU Veterinary Hospital.
(4) The impound fee and dog license requirement shall be in addition to any fine or penalty which may
subsequently be assessed as a result of any violation of this Chapter. (Ord. 725, §2, 2003; Ord.
704, §1, 2001; Ord. 708, §1, 2001; Ord. 688, §1, 1999; Ord. 664, §1, 1997; Ord. 645 §5, 1996).
8.08.056. – Pit Bull Dog.
It shall be unlawful to keep, harbor, or in any manner possess a Pit Bull dog within the City of Tekoa, except:
(1) This section shall not apply to any Pit Bull dog which is wholly confined within an enclosed vehicle
while traveling through the City on any portion of a State highway; and
(2) This section shall not apply to any Pit Bull dog for which a then-current dog license was issued on
or before August 31, 2010, provided:
(a) The owner of the Pit Bull must complete an application for a special, Lifetime License for the dog on
or before September 1, 2010. The cost of the lifetime license is (listed in fee resolution). The
application shall include the applicant’s name and address, four 3 x 5” color photographs of the dog,
clearly showing the color and approximate size of the dog, a current rabies vaccination certificate issued
by licensed veterinarian or clinic, and proof that the dog has been spayed or neutered, provided, if the
dog is pregnant, as a condition of keeping the dog in Tekoa, it must be spayed within 6 weeks following
the birth of its pups. The license must at all times be kept on the premises where the dog is kept, and
must be produced for inspection by any animal control officer, code enforcement officer, or law enforcement
officer at any time upon request.
(b) The dog shall not be sold, bartered, or transferred to any other person within the City of Tekoa.
(c) Any pups born to the dog must be removed from the city within eight weeks following their birth.
(d) The owner of the dog must report in writing to the City Clerk, Code enforcement officer, and animal control
officer:
-the death or removal of the dog from the City;
-the birth of pups to the dog; and/or
-If the owner relocates within the City, the new owner’s address, all within ten days following the reported event.
(e) No person shall permit the dog to go outside of a dwelling, or a fully enclosed building, a pen, or kennel
unless the dog is securely leashed with a leash no longer than four feet in length, and then only if an adult
person is in physical control of the leash and the dog is muzzled by a muzzling device sufficient to prevent
the dog from biting any person or animal. In no event shall the dog be leashed to an inanimate object such
as a tree, post, or building, nor shall it be present in any City Park.
(f) The dog must be securely confined indoors in a dwelling or in a fully enclosed, securely locked pen, kennel,
or other structure, except when leashed and muzzled as provided above. If the dog is kept indoors, in a
dwelling, it shall not be allowed access to any part of the dwelling from which it can escape (e.g., a port or
enclosed patio), nor shall doors or window be open in any room accessible by the dog, regardless of whether
the open windows are protected by screens. If the doge is kept in a pen, kennel, or other structure, the
enclosure must be in place by October 1, 2010. The enclosure must have secure sides and top which prevent
the dog’s escape. The enclosure must also have a securely attached to the sides, or the sides must be
embedded at least two feet below the ground surface. The enclosure must be constructed and at all times
maintained in compliance with any applicable zoning or building codes, and be adequately lighted, ventilated,
and maintained in good, clean sanitary condition, free of accumulations of animal waste.
(g) The dog’s owner shall display on a prominent place on the owner’s premises a sign easily readable by the
public stating “Beware of Dog.” In addition, a similar sign shall be posted on any kennel, pen, or other
structure where the dog is kept. The owner shall provide photographs to the City Clerk on or before
August 31, 2010, confirming the placement of the signs.
(h) The dog shall be vaccinated against rabies at least once every three years. Proof of immunization shall
be regularly provided to the City Clerk, and the dog must continually wear a current rabies vaccination tag
issued for the dog by the licensed veterinarian who administered the vaccination. Failure to have such a
tag shall be considered prima facie evidence that the dog has not been vaccinated against rabies, and shall
subject the dog to immediate impoundment officer until the dog has been vaccinated.
(i) If the dog is apprehended running at large, it shall be considered a dangerous or potentially dangerous
dog and shall be subject to impoundment as provided in §8.08.071.
8.08.061--Dangerous and Potentially Dangerous Dogs Prohibited.
No dog meeting the definition of a dangerous or potentially dangerous dog as defined in §8.08.011 (4) and
(8), above, shall be kept, harbored, or present at any time within the City of Tekoa. At all times during
the pendency of any legal proceeding upon a complaint or citation alleging a violation of this section,
the dog in question shall either be removed from the City, or impounded by the City. The cost of keeping
any dog impounded under this section shall be assessed to the owner or keeper of the dog if the dog is
adjudged a dangerous or potentially dangerous dog; otherwise, the City shall bear the cost. (Ord. 645,
§6, 1996).
8.08.071--Impoundment and Bond Pending Appeal of Dangerous or Potentially Dangerous Dog Adjudication.
Pending appeal from an order adjudging a dog to be kept, harbored, or present in violation of §8.08.051 or
8.08.061, above, the subject dog shall, at the option of the owner or keeper, either be removed from the
City, or impounded by the City. If impounded by the City, the owner or keeper must bear the cost of
keeping the dog and must post a cash bond for the dog in the amount of the daily animal shelter charge
multiplied by 545 days. Such bond shall indemnify the City against the cost of keeping the dog.
Ord. 645, §7, 1996).
8.08.081--Public Nuisance Prohibited – Penalty for Violation.
No person shall maintain, keep or harbor a dog in Tekoa which meets the definition of a public nuisance
as defined in §8.08.011 (9), above. In the event of a conviction upon violation of this section, the
owner or keeper shall be fined (listed in fee resolution), and the owner or keeper shall be required
to take reasonable steps to abate any further public nuisance. In the event of a second conviction
involving the same dog, the owner or keeper shall be fined at least (listed in fee resolution) and
shall be required to take reasonable steps to abate any further public nuisance. In the event of a
third conviction involving the same dog, the owner or keeper shall be fined at least (listed in fee
resolution), and the Court shall enter an Order directing the owner or keeper to destroy the dog or
permanently remove it from the City. If the dog is not then destroyed or removed as ordered within
24 hours after entry of the Order, it shall be the duty of the Animal Control Officer to remove or
destroy the dog, wherever it may be found within the City. (Ord. 645, §8, 1996).
8.08.091--Care.
No owner or keeper of a dog within the City of Tekoa shall:
(1) mal-nourish the dog, or fail to provide reasonable shelter and veterinary care for the dog;
(2) beat, torment, abuse, or otherwise inhumanely treat and care for the dog;
(3) cause the dog to engage in a fight with another dog, animal, or person; or
(4) abandon the dog. (Ord. 645, §9, 1996).
8.08.100--Stray Animals.
Any person who finds any animal required under this Chapter upon such person’s premises may immediately
capture and deliver such animal to the City of Tekoa animal control officer, who shall promptly deliver
the animal to the City of Tekoa impoundment facility or the impoundment facility with which the City of
Tekoa had contracted pursuant to the provisions of this Chapter. No charge shall be made upon the person
delivering such animal. (Ord. 591, §10, 1987).
8.08.110--Interference with Enforcement of this Chapter Prohibited.
No person shall knowingly and willfully interfere with, or attempt to prevent, the animal control officer,
from discharging his duties in the enforcement of this Chapter. (Ord. 645, §10, 1996).
8.08.111--Penalties.
(1) Unless otherwise provided above, a person convicted of violating any provision of this Chapter shall be
fined (listed in fee resolution) per violation. No part of any fine assessed under the provisions of this
Chapter shall be suspended or deferred in any manner.
(2) Any persons convicted of violating §8.08.091 shall immediately forfeit any dog or kennel license then
issued to the person, and no further or future dog or kennel license shall be issued to the person.
(3) For the purposes of this section, each day in violation of any part of this Chapter shall be considered
a separate violation. (Ord. 645, §11, 1996).
(1) A person violating any provision of §8.08.056 shall be fined (listed in fee resolution) upon the first
conviction thereof. A person convicted of a second or subsequent violation of any provision of §8.08.056
shall be fined (listed in fee resolution) for each such violation. For the purposes of this subsection,
a second or subsequent conviction need not involve the same Pit Bull dog as involved in the first (or any
other) violation for which the person may be convicted.
(2) Unless otherwise provided in this Chapter, a person convicted of any provision of this Chapter other
than §8.08.056 shall immediately forfeit any dog or kennel license then issued to the person, and no
further dog or kennel license shall be issued to the person.
(3) For the purposes of this section, each day in violation of any part of this Chapter shall be considered
a separate violation.
(4) No part of any fine assessed or imposed under the provisions of this Chapter shall be suspended or deterred
in any manner.
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